Minnesota, and Richard L. Neuberger, of Oregon, withdrew remarks made by them on July 9 and 11 from the permanent Record, which criticized Members of the House."

54

Reservation of Objections to a Request To Print in Record:

Pending a discussion of a request for unanimous consent to insert a matter in the Record, a reservation of objection to such a request elapses when the regular order is called for.55

Time to Which Senate Adjourned:

The official reporters in 1886 were directed to insert at the close of the daily proceedings of the Senate the time to which it had adjourned.5

When Requests To Print in Record in Order:

In 1947 the President pro tempore made a suggestion that requests for unanimous consent to insert matters in the Congressional Record should be made during the morning business under the order of petitions and memorials."

Withdrawal of Matter Printed in:

A Senator, as ruled by the Chair, may withhold his speech from the Congressional Record.58

A paper which has been read into the Record by unanimous consent cannot be withdrawn except by unanimous consent.5

59

Yield for Insertion:

See "Senator Forfeits Right to or Loses Floor Under Certain Conditions," pp. 442–443.

54

CONSENT CALENDAR

See "Calendar," pp. 183-198.

July 9 and 12, 1956, 84-2, Record (daily edition), pp. 11015-11018, 11348; July 11 and 12, 1956, 84–2, Record (daily edition), pp. 11099–11101, 11348.

"Dec. 18, 1950, 81-2, Record, p. 16696.

50 Apr. 29, 1886, 49–1, Record, p. 3957.

57 Jan. 6, 1947, 80-1, Record, pp. 118-119.

58

May 12, 1949, 81-1, Record, p. 6131; see also Mar. 17, 18, and 21, 1949, 81-1, Record, pp. 2799, 2804-2805, 2807.

See July 18, 1913, 63-1, Record, pp. 2464–2465.

CONSIDERATION, QUESTION OF

Bills and resolutions, not passed on call of the Calendar or taken up by unanimous consent procedures, are brought before the Senate for consideration by the adoption of a motion to proceed to consider the said bill or resolution. Other types of business are likewise brought up for Senate consideration by the adoption of a motion to consider that said business, such as: motions entered to reconsider an action taken by the Senate, or bills and resolutions under "Subjects on the Table," put there by unanimous consent.

A motion to proceed to the consideration of any matter is debatable, except during the Morning Hour, unless it is a proposal to amend the standing rules, which would be debatable at any time the motion is made, except under "Over Under the Rule" procedure, which has its limitations and would, if controversial, end up with the motion to consider being debatable before it could be before the Senate for more than during the Morning Hour (see "Over Under the Rule," pp. 569–578).

Motions to proceed to the consideration of bills and resolutions on the Calendar are usually made by the Majority Leader or his designee, who, as spokesman of his party and in consultation with his policy committee, implements and directs the legislative schedule and program.

The motion to proceed to the consideration of a measure requires a majority vote; and in case of a filibuster of such a motion, it would take a two-thirds vote to invoke a cloture motion to bring to a close debate on the motion to consider said measure.

Until a motion to proceed to the consideration of a proposition has been agreed to, amendments or actions thereon would not be in order. After a motion to consider a said proposal has been agreed to, that proposition itself would then be debatable and amendable. Of course, when any “question is pending,” any motion set forth in Rule XXII would be in order.

Rule VII, Paragraph 3

[Motion To Consider-When in Order and Conditions]

Until the morning business shall have been concluded, and so announced from the Chair, or until the hour of 1 o'clock has arrived, no motion to proceed to the consideration of any bill, resolution, report of a committee, or other subject upon the Calendar shall be entertained by the Presiding Officer, unless by unanimous consent; and if such consent be given, the motion shall not be subject to amendment, and shall be decided without debate upon the merits of the subject proposed to be taken up: Provided, however, That on Mondays the Calendar shall be called under Rule VIII, and during the morning

332

hour no motion shall be entertained to proceed to the consideration of any bill, resolution, report of a committee, or other subject upon the Calendar except the motion to continue the consideration of a bill, resolution, report of a committee, or other subject against objection as provided in Rule VIII.

Rule VIII

[Call of Calendar and Motion To Consider]

1. At the conclusion of the morning business for each day, unless upon motion the Senate shall at any time otherwise order, the Senate will proceed to the consideration of the Calendar of Bills and Resolutions, and continue such consideration until 2 o'clock; and bills and resolutions that are not objected to shall be taken up in their order, and each Senator shall be entitled to speak once and for five minutes only upon any question; and the objection may be interposed at any stage of the proceedings, but upon motion the Senate may continue such consideration; and this order shall commence immediately after the call for "concurrent and other resolutions," and shall take precedence of the unfinished business and other special orders. But if the Senate shall proceed with the consideration of any matter notwithstanding an objection, the foregoing provisions touching debate shall not apply.

2. All motions made before 2 o'clock to proceed to the consideration of any matter shall be determined without debate.

3. At the conclusion of the morning hour or after the unfinished business or pending business has first been laid before the Senate on any calendar day, and until after the duration of three hours, except as determined to the contrary by unanimous consent or on motion without debate, all debate shall be germane and confined to the specific question then pending before the Senate.

Rule XXI

[Motions To Consider in Writing and Withdrawal of]

1. All motions shall be reduced to writing, if desired by the Presiding Officer or by any Senator, and shall be read before the same shall be debated.

2. Any motion or resolution may be withdrawn or modified by the mover at any time before a decision, amendment, or ordering of the yeas and nays, except a motion to reconsider, which shall not be withdrawn without leave.

Rule XXII, Paragraph 3

[Rules Change Debatable in Morning Hour]

The provisions of the last paragraph of rule VIII (prohibiting debate on motions made before 2 o'clock) shall not apply to any motion to proceed to the consideration of any motion, resolution, or proposal to change any of the Standing Rules of the Senate.

Rule XXVI, Paragraph 2

[Reported Bills and Certain Motions Lie Over One Legislative Day]

All reports of committees and motions to discharge a committee. from the consideration of a subject, and all subjects from which a committee shall be discharged, shall lie over one day for consideration, unless by unanimous consent the Senate shall otherwise direct.

Legislative Reorganization Act of 1946, Sec. 133 (f) [Reports Lie Over Three Days]

(f) A measure or matter reported by any standing committee of the Senate (including the Committee on Appropriations) shall not be considered in the Senate unless the report of that committee upon that measure or matter has been available to the Members of the Senate for at least three calendar days (excluding Saturdays, Sundays, and legal holidays) prior to the consideration of that measure or matter in the Senate. If hearings have been held on any such measure or matter so reported, the committee reporting the measure or matter shall make every reasonable effort to have such hearings printed and available for distribution to the Members of the Senate prior to the consideration of such measure or matter in the Senate. This subsection

(1) may be waived by joint agreement of the majority leader and the minority leader of the Senate; and

(2) shall not apply to

(A) any measure for the declaration of war, or the declaration of a national emergency, by the Congress, and

(B) any executive decision, determination, or action which would become, or continue to be, effective unless disapproved or otherwise invalidated by one or both Houses of Congress.

Adjournment Kills Motion To Consider:

A motion to proceed to the consideration of a matter, if unacted upon, dies with an adjournment of the Senate.' Amend Motion To Consider, Out of Order:

See also "Motions for Consideration, Out of Order," pp. 347–348. A motion to proceed to the consideration of one proposition is not amendable by the substitution of another there

1

Nov. 13 and 16, 1942, 77-2, Record, pp. 8848, 8861-8864; Apr. 8, 1935, 74-1, Record, p. 5245; Apr. 26, 1935, 74-1, Record, p. 6468; Dec. 16, 1904, and Jan. 4, 1905, 58-3, Record, pp. 363, 442; July 7, 1897, 55-1, Record, p. 2447; see also Dec. 6, 1963, 88-1, Record, pp. 23706-07; Jan. 23, 1963, 88-1, Record, p. 856; Jan. 25, 1887, 49-2, Record, p. 1004; Dec. 19, 1928, 70-2, Record, p. 876; Jan. 26, 1921, 66-3, Record, p. 2054; Dec. 21, 1945, 79-1, Record, p. 12522; Nov. 27, 1950, 81-2. Record, p. 15779; Aug. 11, 1937, 75-1, Record, pp. 8695–96. See proceedings

2

5

for; for examples pending a motion to consider one bill or measure, it would not be in order to substitute another bill on the Calendar,3 to add a proviso that upon the conclusion of a measure another measure shall be taken up; to propose a provision postponing the consideration of a measure until after the disposition of another; or to include a motion to discharge a committee from the consideration of another bill and proceed to its consideration." Only one motion to consider any one bill is in order at any one time, and during the Morning Hour that question is not debatable."

While one bill is pending before the Senate, a motion to proceed to the consideration of a different bill is not subject to amendment by adding a provision for the postponement of the pending bill to a day certain.

8

While a motion to proceed to the consideration of a resolution is pending, it is not in order for the mover of the resolution to modify the same."

Appropriations, Consideration of:

See "Consideration of Appropriation Bills," pp. 109-111.

Bills and Resolutions Brought Up on Motion To Consider:

In order for a Senator to offer a motion to consider a bill, he must first be recognized. For details on recognition, see "Recognition," pp. 672–681.

In order to bring a matter before the Senate, in legislative session, including bills and resolutions on Calendar, a motion to proceed to the consideration thereof must be made

Oct. 9, 1968, 90–2, Record, p. 30175; Apr. 17, 1950, 81–2, Record, p. 5284; Aug. 23, 1950, 81-2, Record, p. 13213; Mar. 19, 1928, 70–1, Journal, p. 278, Record, p. 4973; June 1, 1926, 69-1, Record, p. 10398; Mar. 2, 1917, 64-2, Record, p. 4744; June 25, 1914, 63-2, Record, pp. 11099, 11100; June 15, 1914, 63-2, Record, p. 10468; Mar. 21, 1914, 63-2, Record, p. 5219; Mar. 2, 1911, 61-3, Record, p. 3890; Feb. 23, 1895, 53-3, Record, p. 2623; Feb. 15, 1887, 49-2, Record, p. 1759; Mar. 7, 1884, 48-1, Record, p. 1672; Mar. 12, 1884. 48-1, Record, p. 1791; see also Apr. 23, 1951, 82-1, Record, p. 4175; Feb. 27, 1952, 82-2, Record, p. 1538; Oct. 4, 1949, 81-1, Record, pp. 13791-13792; May 2, 1914, 63-2, Record, p. 7614; June 21, 1962, 87-2, Record, p. 11297.

Feb. 28 and Mar. 2, 1914, 63-2, Record, pp. 4092, 4135-4136; Jan. 23, 1963, 88-1, Record, p. 856.

'

Jan. 27, 1931, 71-3, Record, p. 3276.

See Aug. 27, 1951, 82-1, Record, pp. 10714-10715.

6 Apr. 17, 1934, 73–2, Journal, p. 303, Record, p. 6722.

7 Oct. 9, 1968, 90-2, Record, p. 30175.

Feb. 21, 1938, 75-3, Record, p. 2202.

9

'Mar. 17, 1925, 69-Special Session, Record, p. 310.